Immigration Site

My girlfriend is an Australian citizen and I am an Indian citizen.

Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

Her parents have greencards too.

She believes her greencard was filed for her by her uncle after he got his US Citizenship.

1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

3. We would love to get married soon. I dont have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

4. Are not all greencards created equal?

5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

Any special serial numbers/markings/etc?

I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.

My girlfriend is an Australian citizen and I am an Indian citizen.

Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

Her parents have greencards too.

She believes her greencard was filed for her by her uncle after he got his US Citizenship.

1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
Is she a greencard holder? She is required to have 5 years as a greencard holder before being eligible for naturalization..


2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

Yes. It is mandatory, whether you are Australian, Indian or Chinese.

I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less. It doesnt matter.

Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time? She has to wait 5 years like everybody else.

3. We would love to get married soon. I dont have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either. Liar...pants on fire....

However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
The uncle is a liar, you can marry the devil as a greencard holder, as long as you dont engage in any illegal activities to cause it to be revoked. In other words, the Uncle might NOT like you, so hes misleading her about this crap. I think marrying the devil might be illegal...

Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not? Empty threat

4. Are not all greencards created equal? Not all greencards are created equal. Greencard holders by virtue marriage to US citizens can apply for naturalization after 2 yr 9 months, any other greencard holder is required to wait 5 years, or 4yrs 9 months. So, they arent created equal.

5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has? She can look at the card and see what is written under category.

Any special serial numbers/markings/etc? No.

I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated. See responses in blue. good luck

1. Yes its possible, however, not directly. She might have been a derivative beneficiary of a petition filed by her uncle for his brother/sister.

2. Generally, one has to be a GC holder for 5 years before he/she can apply for naturalization to become a U.S. citizen. However, it doesnt mean he/she would have to remain in the US continuously for 5 years.

3. No effect on her green card if she gets married before she becomes a U.S. Citizen.

4. All green cards give you the same benefits. Some has restrictions, such as a conditional GC which is what a beneficiary of a marriage based petition would get if the marriage is less than two years old on the day GC is approved.

5. It should say on the Permanent Resident Card, under "category".

Not all greencards are created equal. Greencard holders by virtue marriage to US citizens can apply for naturalization after 2 yr 9 months, any other greencard holder is required to wait 5 years, or 4yrs 9 months. So, they arent created equal.
Al, green card holders by virtue of a marriage to US citizens would still need to be married to a US citizen for at least three years to be eligible to apply.

And also, technically the benefit is really not because the green card is different. One can get a 10 year GC by virtue of a marriage and he will get the same GC like everyone else. However, if other conditions are met (not a condition on GC), he/she can still apply early.